Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-08-20
ia MES-RIVER DAMS.
WHICH OF TRyM MUST Eow BE Re
NOvYDi
Report Ct the Commissioners Appointed
in accordance with the Act
Of Assembly.

tfASiNU, lNSStN ~ Hu act W httHAN 'H'
removal Of certain dams in james
rvor and IFS tributaries 81 Under which
Tie Rosrd Of Iuhlic Works appointed
as commission Senator Paul c. Ed
muuds. Of Halifax; Delegate w d.
Tabucy. Of Albomarie, and Mr.. II. ID.
kikuatrick. of Rockbridge. These
gentlemen have been in the city for
several days preparing their report, a
copy Of which, after being printed and
neatly bound and tied with white satin
nbhCn. was handed 10 Mr. G. Lee
Moore, secretary Of the board, ycster-
day afternoon. Senator Edmunds left
yesterday for the White Sulphur, and
the other gentlemen later III the day
.or thcir respective homes.
Ti.c Report.
Following is the report in full
The undersigned, appointed by your
body In pursuance Of nn act of the Nir-
GINA Legislature approved Nay 90
1857. entitled "An Act TO Secure the
removal Of Certain Dams in the James
IIv,r and its Tributaries, submit the
following report:
Tie duty imposed upon us by the act
above rCfcrICd 10 was "to examine
INTO the feasibility Of removing so many
g the dams belonging 10 the Kichmond
and Allegheny Railroad Company as
may be- removed without violation O.
It's chartcr obligations, and without IN
Jun, to any existing or vested rights. ~
With this leading object in view We
were directed by the act to confer
with tie authorities Of the rail
Ioad company. and with ali par
ties having grants or leases OF water
POWER. IN order 10 secure the intorma-
iion netdiul to determine which Of said
dams should Le destroyed or removed
and which should he retained We
were also directed, under the advice Of
80 physician designated by the Cover
Ior 10 decide and instruct the railroad
authorities a. to the season OF the year
whom the removal OF destruction should
lc Effected of such dams as in our
opinion shouid he removed or de-
sIOyod. We were further constituted
hy tie act a Board OF Condemnation
10 assess damages that might result 10
oVnDIs or lcsscCs If tcIIlghts 10y
reason oi the removal o. any dam, and
a. make report OF such assessment 10
tie proper court. for approval and con-
Grma,Ion. liuGily. VIC were required
10 report the result of our examination,
go lar as approved aud confirmed rs
tie comt as above described, q yOur
lCdy.
Just here it is proper 20 say that We
have uot as yo' been called upon 10 as
.t-s damage for Ne',rrislts, and W.
understand from thc milIoad authori-
ties that they VIII n3cayor to oVrcc
with Tire pr'lo, interested in such cases
without calling upon u.s. To- exercise oar
powers To- condemn their rights. No
confirmation hy court is therefore ne
ctssaiy e. this report.
IhCoctfWtherproyi1csth thatupon our
rcYDltl,iLcmadc toyour body. thcraIl-
road company shall be authorized and |
empowered "to destroy or remove the
dams or any of them determined and |
reported as practicable ana proper to
J., removed as above So; forth. And |
X tie same De removed and DESTROYED !
m conformity with the terms OF this !
act. II is provided That thc railroad sh,ll |
=, relieved from responsibility for any |
Gamoecs which may be claimed to re-
suit from such destruction or removal, |
except such damages as may bo awarded |
Tor the condemnation Of water grants !
and lenses
And finally, !, is provided That when |
ihc railroad shall have destroyed All tho |
dams lIoss the riyor "bctwcen !
Io,h,ls dam cui the dam at Lynch !
lw., except the low dam which cX-
tends partly across the river at Middle
ton " H." thc railroad "shall be for
ever released from the obligation TO |
lu.ld cr keep mp fishways or ladders |
into or upon such of It's dams as 1t may |
Lc authorized to maintain
RIGHTS AND LIABILITIES.
After this preliminary analysis Of |
the act, explaining tine nature mi CA
tent of cur duties and the right, and !
imuuui,i,s which may ho conferred
upon the railroad company by our u
port, it is proper f. point ont very
hi,Ny what would hc the rights and
nali.itic, Of the railroad company IN
respect to tie removal or maintenance
# th, dams iu the absence of the
V,ciul legislation under which We are
acting 10 Is also proper 10 ascertain
what arc tlc charter obligations of
the railroad company, which de
pond for the,r proper performance
ou the continuance 90 the dams,
and what ,zistng or vested rights
lav lc injured 10y their removal. 1t
is. u the inst place. To be observed
Stat ali these dams dre the property of
ihc railroad company, aud as such nay
be- removed 40 its pleasure, provided
tie lDgal ri-hts of other persons will
iot le Effected hy thc removal. When
otlor Turous have acquired water
liclts. which depend ior their enjoy
D. ont on tie continuance Of amy par
ticuar dam. of course that dam can
not lc legally removed 10y the raiirold
company without IN some lawful man
u,r satisfying the owner of the water
right
And where tire removal Of the lam
VIII lc the direc, and proXimate cause
Of such bad sanitary conditions as 20
produce malaria or other sickness, from
which the community was free before
the erection ol the dam, the railroad
would probably be liable IN damages 10
persons 50 affected. But whore the re-
uoIul of any dam results merely IN re-
storing the natural and ordinary condI-
non of things as they existed before
the erection of the dam. such n result
,annot be said to produce q legal III
Jury. though some persons may I'M
loultcdly be damaged thereby. For
instance, ferry above dam may be
impaired or perhaps destroyed 10y the
fcinova! Of The dam. and yet in the
lbsUcc OF statutory or contract
litigation no legal injury would
hereby be occaSioned. So a dam
uav have been tho cause of valu.
.blc accrutions 10 the land OF proprie-
ors above It. and the total removal OF
he dam might possibly cause, IN time.
be loss Of these accretions. Yet this,
90. would be dau,aum obSqUe i,Vuri0.
In the instances last mentioned, OF the
cry and of the accrc,ions OF land,
here is simply "a restoration ol the